DMS offers the “Life Inheritances” conference in Menorca

Spain is a multi-legislative State and the Balearic Islands have their own civil law that, historically, allows inheritance to be transmitted not only by will or by law, but also through succession agreements (transmissions during life with a succession nature). The new law develops and modernizes this figure, expanding its regulation to provide legal certainty, adapt it to the current reality and differentiate its application according to the island (Mallorca and Menorca; Eivissa and Formentera). In addition, it clarifies key aspects for legal operators and administration, and introduces new features such as greater flexibility, regulation of revocation and possible withdrawals in certain cases.

Ruling 1/2023, of January 13, of the Superior Court of Justice of the Balearic Islands has reopened the debate on a key issue in Balearic inheritance law: whether the definitions (succession agreements) are revocable or not. Starting from a case of donation, renunciation of legitimate rights and subsequent family conflict, we analyze what the previous regulations said, what criteria the jurisprudence has established and how Law 8/2022 finally introduces express causes of revocation for this type of agreement.

1.- What is disinheritance?
It is the deprivation of the legitimate right to a forced heir.

2.- What is legitimate?
It is the portion of assets that the testator cannot dispose of because it is reserved […]